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Federal High Court Amends 2026 Pre-Election Practice Directions, Introduces Virtual Hearings and Weekend Filings

Federal High Court Amends 2026 Pre-Election Practice Directions, Introduces Virtual Hearings and Weekend Filings

The Federal High Court has amended its 2026 Pre-Election Practice Directions, introducing fresh measures that empower judges to conduct virtual hearings, transfer pre-election cases across judicial divisions, and keep court registries open on weekends and public holidays for the filing of election-related suits.

In a statement issued on July 14, 2026, barely three weeks after the original directions came into force, the Chief Judge of the Federal High Court, Justice John Tsoho, announced the amendments pursuant to Sections 254 and 285(9), (10), and (14) of the 1999 Constitution (as amended), as well as Sections 29(5) and 88(2) of the Electoral Act, 2026.

According to the court’s Director of Information, Dr Catherine Christopher, the revised rules are intended to ensure the speedy, efficient, and fair determination of pre‑election matters, consistent with constitutional and statutory timelines.

She said the amendment was aimed at enhancing “the speedy, efficient, and fair determination of pre-election matters in keeping with the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Electoral Act, 2026, and other applicable laws.”

A review of the amended document shows that while the earlier Practice Directions focused mainly on strict timelines for hearing pre-election disputes, limiting adjournments and curbing interlocutory applications, the new version significantly broadens the court’s administrative and technological powers ahead of the 2027 general elections.

One of the major additions empowers judges handling pre-election cases to leverage technology, “including virtual hearings,” in the conduct of proceedings.

The amendment also expressly authorises the Chief Judge to assign judges to hear pre-election matters in any judicial division of the court, and transfer such cases from one division to another where necessary—powers not contained in the previous Practice Directions.

“The Chief Judge shall have power to assign Judges to sit in any Judicial Division for the hearing and determination of pre-election matters and/or to transfer pre-election matters from one Judicial Division to the other,” the amended practice directions stated.

The amended rules also strengthen electronic case management by permitting the court to notify counsel of urgent proceedings and case events through email and other electronic means, provided such notice is given at least 48 hours before the scheduled hearing.

While retaining the earlier restriction that no party shall be granted more than two adjournments, the new rules go further by providing that no application for adjournment shall be entertained on a day fixed for hearing.

Parties who change counsel during proceedings are also limited to two adjournments.

The Practice Directions preserve the constitutional requirement that preliminary objections and other interlocutory issues touching on jurisdiction be determined alongside the substantive suit at the stage of final judgment.

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However, they now empower courts to award costs against parties or counsel found to have filed interlocutory applications merely to delay proceedings.

The amendments also require parties alleging fraud, forgery or other contentious facts to file written depositions in addition to affidavits, with such witnesses liable to cross-examination.

Other provisions retained include timelines requiring respondents to enter an appearance within seven days, file their defence within 10 days and allowing applicants three days to file replies.

Written addresses supporting originating summons remain limited to 15 pages, while those supporting preliminary objections must not exceed 10 pages.

The Federal High Court had introduced the original Pre-Election Practice Directions on June 26 to accelerate the hearing of election-related disputes in line with constitutional timelines.

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